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(영문) 서울중앙지방법원 2018.07.12 2018고단2508

특수폭행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to two years and six months of imprisonment for rape, and four years of suspended execution, and the judgment became final and conclusive on April 28, 2017.

around 04:00 on December 30, 2017, the Defendant was playing together with the victim D (at the age of 23) who was working in a singing room located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the ground that the victim was about 20 minutes out of the other behaviors.

At around 05:00 on the same day, the Defendant saw the victim’s head, clothes, etc. at the toilet located in the victim’s residence in Seoul Special Metropolitan City, Seoul Special Metropolitan City E-building 201 as “the year in which the victim’s head, clothes, etc. are inside and outside of the house”, and took care of the victim’s head, clothes, etc. by hand, and took care of the victim’s head, hair, arms, hand, bucks, bucks, etc. as a tool for cleaning the toilet of about 50cm in length, which is a dangerous object in the place. The Defendant sawd the victim’s head, kick, and bucks of the victim’s head, which is a dangerous object, on the part of the main room.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Field photographs, etc.;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense, and the selection of fines (Consideration to the agreement with the victim);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;